Terms of Service

By accessing or using Niverly ("Service"), operated by ProElement.TI ("we", "us" or "our"), you agree to comply with and be bound by these Terms of Service ("Terms"). These Terms apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service, you warrant that you are over 18 years old or are accompanied and authorized by a legal guardian. If you do not agree with any part of these Terms, you may not access or use our Service.

Niverly is a digital platform designed for managing birthdays, events and celebrations. We offer tools and features to:

• Organize and remember important dates
• Create and manage events and celebrations
• Send reminders and personalized notifications
• Plan celebrations in advance
• Share event information with guests
• Use AI assistance for suggestions

Our Service may undergo changes or updates over time. We reserve the right to modify, suspend, or discontinue, temporarily or permanently, the Service or any part of it, with or without notice.

To use certain features of Niverly, you need to create an account. By creating an account, you agree to provide accurate, current, and complete information about yourself as requested by our registration form.

You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your account
• Notifying us immediately about any unauthorized use of your account
• Ensuring that you log out at the end of each session

We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be false, inaccurate, outdated, or incomplete, or if you violate these Terms or any applicable laws.

By using Niverly, you agree to:

• Provide accurate and complete information during registration and use of the service
• Keep your account information up to date
• Not use the service for illegal or unauthorized purposes
• Not violate any laws in your jurisdiction (including, but not limited to, copyright laws)
• Not attempt to harm or interfere with the security, integrity, or functionality of the platform
• Not attempt to access accounts, systems, or networks without authorization
• Not distribute viruses, malware, or other malicious code
• Not collect or track personal information of other users
• Not harass, threaten, or intimidate other users
• Not post false, misleading, offensive, or inappropriate content
• Respect the rights of other users

We may, at our sole discretion, limit, suspend, or terminate your access to the Service without prior notice or liability if we believe you have violated any of these Terms or that your behavior harms the operation of the Service.

You retain ownership of any content you submit, post, or display on Niverly ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works, distribute, and display your User Content in connection with:

• The operation and provision of the Service
• The promotion and marketing of the Service
• The development and improvement of the Service

You represent and warrant that:

• You own or control all rights to your User Content
• Your User Content does not violate the privacy, publicity, copyright, trademark, or other intellectual property rights of third parties
• Your User Content does not violate any applicable law or regulation
• Your User Content is not defamatory, obscene, pornographic, abusive, indecent, or threatening

The Service and its original content, features, and functionality are and will remain the exclusive property of Niverly and its licensors. The Service is protected by copyright, trademark, and other Brazilian and foreign laws.

Our trade name, logo, service marks, product names, and designs are our trademarks or registered trademarks. You must not use them without our prior written approval.

Using the Service does not grant you ownership of any intellectual property rights in our Service or the content you access.

Your privacy is important to us. Our Privacy Policy, which is available at Privacy Policy, describes how we collect, use, transfer, and store your information. By using our Service, you agree to our collection and use of information in accordance with our Privacy Policy.

We process your personal data in compliance with the General Data Protection Law (LGPD) and other applicable data protection laws.

Niverly offers free and paid plans. For paid plans:

• You agree to provide accurate and complete payment information
• You authorize us to charge the payment method provided for the fee applicable to your plan
• Charges will be made in advance, according to your plan's billing cycle
• Unless you cancel your subscription before renewal, you authorize us to charge the renewal fee using your registered payment method

We reserve the right to change our prices with at least 30 days' notice. If you do not agree with the price change, you may cancel your subscription before the change takes effect.

All payments are non-refundable, except when required by law or as specified in our Terms.

Details about pricing and features included in each plan are available on our pricing page.

You may cancel your subscription or delete your account at any time through your account settings or by contacting us. After cancellation:

• You will continue to have access to the Service until the end of your current billing period
• We do not offer partial refunds for the unused portion of your subscription
• Some of your data may be retained as required by law or for legitimate purposes, as detailed in our Privacy Policy

We reserve the right to suspend or terminate your account and access to the Service immediately, without prior notice or liability, for any reason, including, without limitation, if you violate these Terms. In case of termination:

• Your right to use the Service will cease immediately
• We may delete or archive your User Content, as appropriate

We may modify these Terms of Service at any time, at our sole discretion. If we make significant changes:

• We will notify users about the changes by email and/or through a notice on our Service
• We will indicate at the top of this page the date of the last update

Your continued use of the Service after the publication of changes constitutes your acceptance of the new terms. If you do not agree with the new terms, you must stop using the Service.

We recommend that you review these Terms periodically to be aware of any changes.

To the maximum extent permitted by applicable law, Niverly and its directors, employees, partners, agents, suppliers, or affiliates shall in no event be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, use, or other intangible benefits
• Damages related to interruptions in access to or use of the Service
• Damages resulting from errors, omissions, interruptions, defects, delays in operation or transmission
• Damages resulting from computer viruses or other harmful technological invasions
• Damages resulting from the use of or inability to use the Service

These limitations apply regardless of whether the alleged damages are based on breach of contract, tort liability (including negligence), breach of warranty, or any other legal theory, even if we have been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above limitations may not apply to you.

These Terms shall be governed by and construed in accordance with the laws of Brazil, without regard to its conflict of law provisions.

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, that cannot be resolved amicably, shall be submitted to the exclusive jurisdiction of the competent courts in the city of São Paulo, Brazil.

Notwithstanding the foregoing, each party retains the right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened violation of intellectual property rights, confidential information, or other proprietary interests.